Do the People Rule?



In 1851 the people rejected the Claremont decision. They were asked to amend the constitution as follows:
State funded public schools

Art. 89, Pt. II [Encouragement of Literature, &c.]
The legislature shall make provisions for the establishment and maintenance of free common schools at the public expense, and for the assessment and collection, annually, in the several towns and places in this state, of a sum not less than one hundred and twenty-five dollars for every dollar of state taxes apportioned to them respectively, to be applied exclusively to the support of such schools.

Art. 90. The supervision of public instruction shall be vested in a state superintendent, and such other officers as the legislature shall direct.

Art. 91. The state superintendent shall be chosen biennially by the qualified electors of the state in such manner as the legislature shall provide; his powers, duties, and compensation shall be prescribed by law.
In 1974 the people again rejected the Claremont decision. The delegates to the sixteenth constitutional convention voted down three proposals which would have eliminated local autonomy in the control and funding of education.

Educational legislation to require state funding.

Pt. II, Art. 83-a. [Legislation Relative to Education Must be Fully Funded.]
The general court shall not enact any legislation relative to education in this state unless all the funding that is necessary to implement such legislation shall be appropriated and funded by the state.
In 1974 the people rejected the Claremont I court's interpretation of cherish explicitly:
State support of elementary and secondary education.

Pt. II, Art. 83. [Encouragement of Literature, etc.;...]
"...; it shall be the duty of the legislators and magistrates, in all future periods of government, to create an educational opportunity of equal quality for the children of the state by providing for the maintenance and support of a complete system of public elementary and secondary schools,..."
In 1974 the people rejected the Claremont court's fabrication of a constitutionally guaranteed right to education, albeit limited to essential subjects. The proposal was to modify the Bill of Rights as follows:
Free education limited to essential subjects.

Art. 40, Pt. I [Restricting Free Elementary and Secondary Education in Public Schools.]
The elementary and secondary education in the public schools of the state which shall be required to be offered to the citizens of the state free of tuition costs shall be restricted to those subjects and activities as shall be determined by the legislature to be essential. Any subject matter or activity not considered to be essential by the legislature offered in a public school may be subject to a tuition charge imposed by the school district. Such tuition charges to be determined by the school district shall be restricted to any costs involved in presenting the nonessential activity or subject matter. No state aid shall be appropriated from the state treasury for nonessential activities or subjects.
The people have spoken clearly and unequivocally on this issue of State control and funding of education. The people want local control and funding of education. They have said no to State control over and over again. The only remaining question is ----

Do the people rule?





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